Apple has been pushing for a permanent injunction blocking the sale of certain Samsung Android-based smartphones and tablets in the United States over patent infringement claims, but Samsung thinks that's a bad idea. The electronics maker told a Federal Appeals Court that granting Apple a permanent injunction would only serve to confuse and intimidate the buying public.
Samsung asks court to block Apple's permanent injunction request
Samsung's reasoning for trying to block a permanent injunction is that it "would not stop any ongoing infringement, for Samsung has either discontinued the accused products or designed around any infringing features in the ones it still sells," according to FOSS Patents.
The preliminary injunction Apple wants to make permanent stems from its ongoing mobile device patent infringement fight with Samsung. Apple won a big victory against Samsung last August when a Jury ruled that a long list of the company's Android devices infringed on Apple's patents. Apple was awarded over US$1 billion in damages, and a new trial has been set for November 12 to re-determine what the damages should be on 13 of those devices after the Jury improperly set their monetary value.
As part of its argument against a permanent injunction, Samsung stated, "The only effect of an injunction would be to confuse and intimidate Samsung's carriers and retailers with respect to non-accused products never adjudicated in this case, harming Samsung's longstanding market relationships."
In other words, the injunction will confuse retailers, as well as consumers, and leave them thinking they can't sell Samsung products that aren't blocked by the court. Apple did, however, play into Samsung's argument last year when it sent letters to retailers warning them of the preliminary injunction even though most of the products listed where either no longer for sale, or had updates that worked around Apple's patents.
Judge Lucy Koh, who has been overseeing Apple and Samsung's patent fight, denied Apple's request for a permanent injunction, which led to the appeal Samsung is now fighting. She will also handle the new damages trial this November.
Apple will have the opportunity to reply to Samsung's filing, but hasn't commented on the ongoing litigation.